What Is Aggravated Drug Trafficking in Oklahoma

In Oklahoma aggravated drug trafficking is a crime that carries serious jail time. Like many other crimes this crime is based on a lesser crime that the State enhances because of additional aggravating facts and circumstances about the case. Aggravated drug trafficking enhances simple drug trafficking and in doing so increases the potential punishment the State can impose on you if convicted.

Aggravated Drug Trafficking

In Oklahoma, aggravated drug trafficking refers to the illegal distribution, sale, transportation, or possession of controlled substances in quantities or under circumstances that warrant enhanced penalties. The enhancement is due to aggravating factors such as the amount of drugs involved, the presence of firearms, or trafficking near schools or parks.

For example, an aggravated drug trafficking for marijuana involves a case where you receive a conviction of trafficking of more than one thousand pounds of marijuana. Additionally, if the state can show that you had multiple convictions for trafficking in any illegal drug or that you posses certain firearms while you are trafficking this will also lead to a enhancement.

Other Examples Of Enhancements

Range Of Sentencing For Aggravated Trafficking

The range of punishment for aggravated drug trafficking in Oklahoma varies. This depends on the specific circumstances of the case. As such, this includes the type and quantity of drugs involved, prior criminal history, and aggravating factors. Also, an important thing to remember is that an enhancement involving aggravated drug trafficking makes a conviction an 85% crime. This means that you DOC time served cannot reduce and you must serve at least 85% of the time. Further, penalties can include substantial fines and lengthy terms of imprisonment, with potential sentences ranging from several years to life in prison without parole.

Defenses To The Charge of Aggravated Drug Trafficking:

1. Lack of Knowledge: If the defendant can demonstrate that they were unaware of the presence or nature of the controlled substances, they may argue lack of knowledge as a defense.
2. Illegal Search and Seizure: If evidence the court obtains is through an illegal search or seizure in violation of the defendant’s Fourth Amendment rights. Thus, it may be possible to challenge the admissibility of that evidence in court.
3. Entrapment: If law enforcement officers induced or coerced the defendant into committing the offense. Thus, they may assert entrapment as a defense.
4. Insufficient Evidence: If the prosecution fails to present sufficient evidence to prove all elements of the aggravated drug trafficking charge beyond a reasonable doubt, the defendant may be acquitted.
5. Constitutional Violations: Defendants may challenge the constitutionality of the statute under which they receive the charge. Thus, they can allege that it violates their rights under the U.S. Constitution or the Oklahoma Constitution.
6. If the quantity you possess is under the statutory amount the court requires for the enhancement.
7. If the enhancement’s basis is on prior convictions, they may no longer apply or maybe the cases were dismissed.

Tulsa Drug Crime Lawyers

It’s important for individuals facing charges of aggravated drug trafficking in Oklahoma to consult with an experienced criminal defense attorney who can evaluate the specific facts of their case and develop a tailored defense strategy. Our drug trafficking attorneys handle cases involving all drug crimes. We appear in most jurisdictions in Oklahoma and fight to get every bit of leverage needed in your case. For a Free consultation with Tulsa Criminal Lawyers Law Firm call us today 918.416.0358